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1. Of the instant lawsuit, the part regarding the Plaintiffs’ respective claims for subrogation against Defendant F and G is dismissed.
2. Defendant H.
Reasons
1. Facts of recognition;
A. The conclusion of the construction contract between Defendant F, G and Defendant H Co., Ltd., and the progress of the instant construction project 1) Defendant F and G are Defendant H Co., Ltd. (hereinafter “Defendant Company”) on October 17, 2017.
between Defendant F and G, the Defendant Company, and the construction of a multi-family house on the ground outside Incheon Yeonsu-gu I (hereinafter “instant construction”).
(C) the contract amount of KRW 995,00,00 (excluding value-added tax) and the contract amount of KRW 995,000 (excluding value-added tax) determined from October 25, 2017 to April 30, 2018 (hereinafter “instant contract”).
(2) During the process of the instant construction project, the Defendant Company: (a) drafted a letter of waiver of the construction work that, around July 2018, Defendant F and G were unable to perform the instant construction project normally due to the provisional attachment of the creditors’ claim for construction price under the instant contract; (b) the Defendant Company waived the instant construction project to Defendant F and G; and (c) did not exercise the right of retention.
3) After that, on August 12, 2018, Defendant F and G drafted a contract agreement on the instant construction contract between the representative K and K with the contract amount of KRW 194,700,00 and the construction period of KRW 194,70,00, and from August 12, 2018 to September 10, 2018, the Defendant Company continued to manage and supervise the instant construction site and perform the instant construction. (B) From February 2, 2018, the Plaintiffs Company A (hereinafter “Plaintiff A”) among the instant construction works (hereinafter “Plaintiff”) from the end of February 2, 2018, the Plaintiff Company C (hereinafter “Plaintiff”) contracted the instant construction work, and the Plaintiff C subcontracted the instant construction work with the Defendant Company.
2) On August 20, 2018, Defendant F and G paid 5,000,000 won to Plaintiff A, 8,000,000,000 won to Plaintiff B, and 7,00,000 won to Plaintiff E, at the request of Defendant Company and K for direct payment. 3) Defendant Company paid 7,00,000,000 won to Plaintiff E on October 19, 2018.